Important DOPT Order regarding Reservation in Promotion

October 3, 2016

Important DOPT Order regarding Reservation in Promotion

No further promotions of reserved category persons to unreserved posts will be made based on the DOPT OM dated 10.8.2010

“Very Important DOPT Order has been issued regarding Reservation in Promotion. DOPT is made subject to the Contempt of Hon’ble Supreme Court. With regard to DOPT order dated 10.8.2010 , Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued.”

No.36012/11/2016-EStt(Res)Government of IndiaMinistry of Personnel, Public Grievances and PensionDepartment of Personnel and Training

The undersigned is directed to invite attention to this Departments 0M. No.36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit

3. Against the Order of the Hon’ble Punjab and Haryana High Court dated 15.7.2011, an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.

“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.

3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29.9.2016 before the Apex Court.

4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010.

5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.

6. These instructions may be brought to the notice of all concerned for information and necessary action.